From [HERE] The city of Seattle and two of its police officers asked a federal judge Wednesday to dismiss claims that they used excessive, racially motivated force against a man who was detained in a robbery investigation, but the judge made several comments suggesting he's inclined to let the case go to trial.

Lawyers for the city argued that while it was unprofessional for Officer Shandy Cobane to refer to the man's Mexican heritage while threatening to beat him up, it didn't violate the man's constitutional rights. Furthermore, they said, the level of force used - Cobane and another officer, Mary Woollum, stomped on the man as he lay prone in a parking lot - was justifiable under the circumstances.

The request to dismiss the claims brought by Martin Monetti Jr. comes as the Justice Department and the city continue difficult negotiations over changes to the police department. The DOJ last December determined that Seattle police engaged in a "pattern or practice" of using excessive force, often against minorities, and has threatened to sue the city unless it agrees to binding reforms overseen by an independent monitor and a federal judge.

Monetti's case itself was cited in the DOJ's findings: "It is troubling that the use of this racial epithet failed to provoke any of the surrounding officers to react, suggesting a department culture that tolerates this kind of abuse," the department said.